(Dipankar Datta and Pankaj Mitthal, JJ.)
Arun Agarwal ___________________________________ Appellant;
v.
Ram Ratan Kanoongo and Another _________________ Respondent(s).
Civil Appeal No. 3823 of 2023, decided on May 31, 2023
The Order of the court was delivered by
Order
1. By an order dated 18 April, 2023, the National Company Law Tribunal, Hyderabad appointed the Respondent No. 2 as the Liquidator of the subject company.
2. An appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 was carried from the order dated 18 April, 2023 by the appellant before the National Company Law Appellate Tribunal, Chennai (NCLAT, Chennai). On 26 April, 2023, the NCLAT, Chennai has heard the parties in full and reserved the judgment on the appeal.
3. Claiming that the NCLAT, Chennai is on vacation presently and that the Liquidator is proceeding with the process of liquidation, disabling the appellant from approaching the NCLAT, Chennai, the appellant has approached this Court with the present appeal challenging the order reserving judgment.
4. Appearing on behalf of the appellant, Ms. Meenakshi Arora, learned senior counsel presses for an order of status quo till such time the judgment on the appeal is rendered by the NCLAT, Chennai. According to her, the appeal would be rendered infructuous should the Liquidator act adverse to the interest of the appellant.
5. In course of hearing, we have been informed that after summer vacation, the NCLAT, Chennai reopens on 5th June, 2023. In such view of the matter, we grant liberty to the appellant to approach the NCLAT, Chennai on 5th June 2023 and seek such relief as may be available to him in law. It is expected that till 5th June, 2023, the Liquidator shall not take any action adverse to the interest of the appellant.
6. On the aforesaid terms, the Civil Appeal stands dismissed.
7. Pending applications, if any, stand disposed of accordingly.
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